Case Metadata |
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| Case Number: | Civil Application 341 of 1996 |
|---|---|
| Parties: | Coast Bus Company v Gideon Ndeke Munyao (Suing as next of kin to Jonah Ndeke Munyao & Nzebi Munyao |
| Date Delivered: | 22 Sep 1997 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Richard Otieno Kwach |
| Citation: | Coast Bus Company v Gideon Ndeke Munyao (Suing as next of kin to Jonah Ndeke Munyao & Nzebi Munyao [1997] eKLR |
| Case History: | (An Application for Extension of Time to file Notice of Appeal and Record of Appeal out of time from the Judgment of the High Court of Kenya at Machakos (Justice Osiemo) dated 17th March, 1993 in H.C.C.C. NO. 96 OF 1996 CONSOLIDATED WITH NO. 97 OF 1993 |
| Court Division: | Civil |
| County: | Nairobi |
| History Docket No: | H.C.C.C. 96 of 1996 Consolidated with 97 of 1993 |
| History Judges: | John Luka Osiemo |
| History County: | Machakos |
| Case Outcome: | Application dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
COAST BUS COMPANY................................................APPLICANT
AND
GIDEON NDEKE MUNYAO (Suing as next of kin to
JONAH NDEKE MUNYAO & NZEBI MUNYAO)............RESPONDENT
in
H.C.C.C. NO. 96 OF 1996 CONSOLIDATED WITH NO. 97 OF 1993
AT NAIROBI
(CORAM: KWACH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 341 OF 1996
BETWEEN
(An Application for Extension of Time to file Notice of
Appeal and Record of Appeal out of time from the
Judgment of the High Court of Kenya at Machakos
(Justice Osiemo) dated 17th March, 1993
**********************************
R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for extension of time to file and serve a Notice of Appeal and to file an appeal. The decision against which the applicant wishes to appeal was given by Osiemo, J. on 17th March, 1993. An earlier appeal filed by the applicant was struck out by this Court on 5th November, 1996 on the ground that the record of appeal contained a defective copy of the decree appealed against. The date on the decree was at variance with the date of the judgment.
The applicant has now brought this application although its Advocates on record have taken no steps yet to rectify the error which rendered the earlier appeal incompetent. The application is still based on the defective decree. I cannot see on what basis I can exercise my discretion in favour of the applicant. The application is dismissed with costs.
Dated and delivered at Nairobi this 22nd day of September, 1997.
R. O. KWACH
............................
JUDGE OF APPEAL
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